JUST Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 10

Wednesday, May 2, 2001

The Standing Committee on Justice and Human Rights met at 3:45 p.m. this day, in Room 371, West Block, the Chair, Andy Scott, presiding.

Member(s) of the Committee present: Carole-Marie Allard, Michel Bellehumeur, Bill Blaikie, Chuck Cadman, Irwin Cotler, Paul DeVillers, Ivan Grose, Peter MacKay, John Maloney, John McKay, Lynn Myers, Stephen Owen, Andy Scott, Judy Sgro, Kevin Sorenson, Larry Spencer, Vic Toews, Pierrette Venne.

Acting Member(s) present: David Price for Carole-Marie Allard, Shawn Murphy for Ivan Grose.

In attendance: From the Library of Parliament: Philip Rosen, Senior Analyst.

Witness(es): From the Department of Justice: Paula Kingston, Counsel, Youth Justice; Yolande Viau, Counsel, Youth Justice; Dick Barnhorst, Special Advisor, Youth Justice.

Pursuant to its Order of Reference of Monday, March 26, 2001, the Committee resumed consideration of Bill C-7, An Act in respect of criminal justice for young persons and to amend and repeal other Acts (See Minutes of Proceedings, Wednesday, March 28, 2001, Meeting No. 3).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

The Title carried on division.

Clause 1 carried on division.

On Clause 2,

Chuck Cadman moved, -- That Bill C-7, in Clause 2, be amended by deleting lines 29 to 43 on page 3 and lines 1 to 21 on page 4.

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 2, be amended by replacing lines 1 to 4 on page 5 with the following:

""violent offence" means an offence under section 235 of the Criminal Code or an offence set out in Schedule I or II to the Corrections and Conditional Release Act."

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 2, be amended by replacing lines 7 and 8 on page 5 with the following:

"pears to be ten years old or older, but less than sixteen years old and, if the context"

The question being put on the amendment, it was negatived.

Clause 2 carried on division.

On Clause 3,

John Maloney moved, -- That Bill C-7, in Clause 3, be amended by replacing lines 35 to 38 on page 6 with the following:

right to privacy, are protected,

(iv) timely intervention that reinforces the link between the offending behaviour and its consequences, and

(v) the promptness and speed with which persons responsible, for enforcing this Act must act, given young persons' perception of time;

After debate, the question being put on the amendment, it was adopted on division.

Chuck Cadman moved, -- That Bill C-7, in Clause 3, be amended by replacing line 43 on page 7 with the following:

"subsection (1), bearing in mind that the principle set out in paragraph (1)(a) is to be considered the paramount principle set out in that subsection."

The question being put on the amendment, it was negatived.

Clause 3, as amended, carried on division.

On Clause 4,

Chuck Cadman moved, -- That Bill C-7, in Clause 4, be amended by replacing lines 14 and 15 on page 8 with the following:

"non-violent offence, has not previously been found guilty of an offence and has not previously been dealt with by the use of extrajudicial measures; and"

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 4, be amended by replacing lines 21 to 26 on page 8 with the following:

"in this section."

The question being put on the amendment, it was negatived.

Clause 4 carried on division.

Clause 5 carried on division.

Clause 6 carried on division.

Clause 7 carried on division.

Clause 8 carried on division.

Clause 9 carried on division.

Clause 10 carried on division.

On Clause 11,

Chuck Cadman moved, -- That Bill C-7, in Clause 11, be amended by replacing line 43 on page 11 with the following:

"of the sanction and shall give or cause to be given to every victim of the young person, in writing, notice of the victim's right to request information under section 12."

The question being put on the amendment, it was negatived on division.

Clause 11 carried on division.

Clause 12 carried on division.

Clause 13 carried on division.

On Clause 14,

Chuck Cadman moved, -- That Bill C-7, in Clause 14, be amended by replacing line 29 on page 13 with the following:

"of sixteen years."

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 14, be amended by replacing line 30 on page 13 with the following:

"(5) This Act applies to persons sixteen"

The question being put on the amendment, it was negatived.

Clause 14 carried on division.

Clause 15 carried on division.

On Clause 16,

Chuck Cadman moved, -- That Bill C-7, in Clause 16, be amended

(a) by replacing line 39 on page 14 with the following:

"the age of sixteen years, the youth justice"

(b) by replacing line 47 on page 14 with the following:

"age of sixteen years, impose a sentence"

(c) by replacing line 3 on page 15 with the following:

"of sixteen years, impose any sentence that"

(d) by replacing line 10 on page 15 with the following:

"age of sixteen years, impose a sentence"

The question being put on the amendment, it was negatived.

Clause 16 carried on division.

Clause 17 carried on division.

Clause 18 carried on division.

Clause 19 carried on division.

Clause 20 carried on division.

Clause 21 carried on division.

Clause 22 carried on division.

Clause 23 carried on division.

Clause 24 carried on division.

Clause 25 carried on division.

Clause 26 carried on division.

Clause 27 carried on division.

Clause 28 carried on division.

Clause 29 carried on division.

On Clause 30,

Chuck Cadman moved, -- That Bill C-7, in Clause 30, be amended by replacing line 23 on page 26 with the following:

"of sixteen years, after giving the young"

The question being put on the amendment, it was negatived.

Clause 30 carried on division.

Clause 31 carried on division.

On Clause 32,

Chuck Cadman moved, -- That Bill C-7, in Clause 32, be amended by replacing lines 9 to 20 on page 29 with the following:

"right to retain and instruct counsel; and
(c) if the young person is charged with having, after attaining the age of fourteen years, committed a violent offence, inform the"

The question being put on the amendment, it was negatived.

Clause 32 carried on division.

Clause 33 carried on division.

Clause 34 carried on division.

Clause 35 carried on division.

Clause 36 carried on division.

Clause 37 carried on division.

On Clause 38,

John Maloney moved, -- That Bill C-7, in Clause 38, be amended by

(a) replacing lines 2 and 3 on page 38 with the following:

section 42 (youth sentences) is to hold a young

(b) replacing line 8 on page 38 with the following:

reintegration into society, thereby contributing to the long-term protection of the public.

After debate, the question being put on the amendment, it was adopted on division.

Chuck Cadman moved, -- That Bill C-7, in Clause 38, be amended by replacing lines 5 to 8 on page 38 with the following:

"imposition of just sanctions that
(a) have meaningful consequences for the young person;
(b) promote the young person's rehabilitation and reintegration into society;
(c) denounce unlawful conduct;
(d) deter the young person from committing offences;
(e) promote respect for law and order and the maintenance of safe and secure communities; and
(f) promote a sense of responsibility in the young person, and an acknowledgment of the harm done to victims and the community."

The question being put on the amendment, it was negatived.

Clause 38, as amended, carried on division.

On Clause 39,

Chuck Cadman moved, -- That Bill C-7, in Clause 39, be amended by replacing lines 22 to 26 on page 39 with the following:

"than two years; or"

The question being put on the amendment, it was negatived.

Clause 39 carried on division.

Clause 40 carried on division.

Clause 41 carried on division.

On Clause 42,

Chuck Cadman moved, -- That Bill C-7, in Clause 42, be amended by replacing line 26 on page 52 with the following:

"shall not exceed four years and six months, except if one of"

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 42, be amended by replacing line 2 on page 53 with the following:

"tences may exceed four years and six months and, if the"

The question being put on the amendment, it was negatived.

John Maloney moved, -- That Bill C-7, in Clause 42, be amended by replacing lines 5 and 6 on page 51 with the following:

(a) either

(i) the young person has been found guilty of an offence under one of the following provisions of the Criminal Code, namely, section 231 or 235 first degree murder or second degree murder within the meaning of section 231), section 239 (attempt to commit murder), section 232, 234 or 236 (manslaughter), or section 273 (aggravated sexual assault), or

(ii) the young person has been found guilty of a serious violent offence for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of a serious violent offence;

After debate, the question being put on the amendment, it was adopted on division.

Chuck Cadman moved, -- That Bill C-7, in Clause 42, be amended

(a) by replacing line 24 on page 47 with the following:

"that a period be served in custody, which period shall not exceed three years from the date of committal, and that"

(b) by replacing lines 30 to 37 on page 47 with the following:

"tions, the total of the periods not to exceed four years and six months from the date of the coming into force of the order;"

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 42, be amended by deleting lines 26 to 36 on page 51.

The question being put on the amendment, it was negatived.

Clause 42, as amended, carried on division.

After debate, Clause 43 carried on division.

Clause 44 carried on division.

Clause 45 carried on division.

Clause 46 carried on division.

Clause 47 carried on division.

Clause 48 carried on division.

Clause 49 carried on division.

On Clause 50,

Chuck Cadman moved, -- That Bill C-7, in Clause 50, be amended by replacing line 13 on page 57 with the following:

"process continues in force) and sections 737 (victim surcharge), 748"

The question being put on the amendment, it was negatived.

Clause 50 carried on division.

Clause 51 carried on division.

Clause 52 carried on division.

On Clause 53,

Chuck Cadman moved, -- That Bill C-7, in Clause 53, be amended by replacing lines 27 to 43 on page 59 and lines 1 to 4 on page 60 with the following:

Victim surcharge
"53. (1) Subject to subsection (7), a young person who is convicted of an offence shall pay a victim surcharge, in addition to any other punishment imposed on the young person.
Amount of surcharge
(2) Subject to subsection (3), the amount of the victim surcharge in respect of an offence is
(a) 15 percent of any fine that is imposed on the young person for the offence; or
(b) if no fine is imposed on the young person for the offence,
(i) $50 in the case of an offence punishable by summary conviction, and
(ii) $100 in the case of an offence punishable by indictment.
Increase in surcharge
(3) The youth justice court may order a young person to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the young person is able to pay the higher amount.
Time for payment
(4) Subject to subsection (5), the victim surcharge imposed in respect of an offence is payable at the time at which the fine imposed for the offence is payable and, when no fine is imposed, within the time established by the lieutenant governor in council of the province in which the surcharge is imposed for payment of any such surcharge.
Variation
(5) The youth justice court may, on application by or on behalf of the young person, change the time by which a victim surcharge imposed on the young person must be paid.
Manner of payment and variation
(6) The youth justice court
(a) may make an order setting out the manner in which the victim surcharge is to be paid; and
(b) may, on application by or on behalf of the young person upon whom the victim surcharge is imposed, vary the order referred to in paragraph (a).
Exception
(7) When the young person establishes to the satisfaction of the youth justice court that undue hardship to the young person would result from payment of the victim surcharge, the court may, on application by or on behalf of the young person, make an order exempting the young person from the application of subsection (1).
Reasons
(8) When the youth justice court makes an order under subsection (7), the court shall state its reasons in the record of the proceedings.
Amounts applied to aid victims
(9) A victim surcharge imposed under subsection (1) shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
Notice
(10) The youth justice court shall cause to be given to the young person written notice setting out
(a) the amount of the victim surcharge;
(b) the time by which the victim surcharge must be paid;
(c) the manner in which the victim surcharge is to be paid; and
(d) the procedure for applying for a change in any terms referred to in paragraphs (b) and (c) in accordance with subsection (5) and paragraph (6)(b), respectively.
Default
53.1 (1) For the purposes of this section, a young person is in default of payment of a victim surcharge if the surcharge has not been paid in full by the time referred to in subsection 53(4) or set out in an order made under subsection 53(5), as the case may be, or discharged under section 54.
Committal in default of payment
(2) Where a young person is required to pay a victim surcharge imposed under subsection 53(1), a term of custody, determined in accordance with subsection (6), shall be deemed to be imposed in default of payment of the surcharge.
Warrant of committal
(3) Where time has been allowed for payment of a victim surcharge, the youth justice court shall not issue a warrant of committal in default of payment of the surcharge
(a) until the expiration of the time allowed for payment of the surcharge in full; and
(b) unless the court is satisfied
(i) that the mechanism provided by subsection (9) is not appropriate in the circumstances, or
(ii) the young person has, without reasonable excuse, refused to pay the surcharge or discharge it under section 54.
Reasons for committal
(4) Where no time has been allowed for payment of a victim surcharge and a warrant committing the young person to a youth custody facility for default of payment of the surcharge is issued, the youth justice court shall state in the warrant the reasons for immediate committal.
Effect of committal
(5) The placing of a young person in a youth custody facility for default of payment of a victim surcharge terminates the operation of subsection 53(9) in relation to that surcharge.
Determination of term
(6) The length, in days, of the term of custody referred to in subsection (2) is the lesser of
(a) a fraction rounded down to the nearest whole number, of which
(i) the numerator is the unpaid amount of the victim surcharge plus the costs and charges of committing and conveying the defaulter to a youth custody facility, calculated in accordance with regulations made under subsection (8), and
(ii) the denominator is equal to eight times the provincial minimum hourly wage, at the time of default, in the province in which the victim surcharge was imposed, rounded down to the nearest whole number of days, and
(b) the maximum term of custody, expressed in days, that the youth justice court could itself impose on conviction.
Moneys found on young person
(7) All or any part of a victim surcharge imposed under subsection 53(1) may be taken out of moneys found in the possession of the young person at the time of the arrest of the young person if the youth justice court, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the young person, so directs.
Provincial regulations
(8) The lieutenant governor in council of a province may make regulations respecting the calculation of the costs and charges referred to in subparagraph (6)(a)(i) and in paragraph 53.2(1)(b).
Licences, permits, etc.
(9) Where a young person is in default of payment of a victim surcharge, the person responsible, by or under an Act of the legislature of the province where the surcharge was imposed, for issuing, renewing, or suspending a licence, permit or other similar instrument in relation to the young person may refuse to issue or renew the licence, permit or other instrument until the surcharge is paid in full, proof of which lies on the young person.
Definition of "penalty"
53.2 (1) In this section, "penalty" means the aggregate of
(a) a victim surcharge, and
(b) the costs and charges of committing and conveying the defaulter to a youth custody facility, calculated in accordance with regulations made under subsection 53.1(8).
Reduction of custodial term on part payment
(2) Where a young person is placed in a youth custody facility in default of payment of a victim surcharge, the custodial term shall, on payment of a part of the penalty, whether the payment was made before or after the issue of a warrant of committal, be reduced by the number of days that bears the same proportion to the number of days in the term as the part paid bears to the total penalty.
Minimum that can be accepted
(3) No amount offered in part payment of a penalty shall be accepted unless it is sufficient to secure a reduction of sentence of one day, or a multiple thereof, and where a warrant of committal has been issued, no part payment shall be accepted until any fee that is payable in respect of the warrant or its execution has been paid.
To whom payment made
(4) Payment may be made under this section to the person who has lawful custody of the young person or to such other person as the Attorney General directs.
Application of money paid
(5) A payment under this section shall be applied firstly to the payment in full of costs and charges, secondly to the payment in full of any victim surcharge imposed under subsection 53(1), and thereafter to payment of any part of a fine imposed on the young person under this Act that remains unpaid."

The question being put on the amendment, it was negatived.

Clause 53 carried on division.

On Clause 54,

Chuck Cadman moved, -- That Bill C-7, in Clause 54, be amended by replacing lines 11 to 14 on page 60 with the following:

"imposed under paragraph 42(2)(d) or on whom a victim surcharge is imposed under section 737 of the Criminal Code,"

The question being put on the amendment, it was negatived.

Clause 54 carried on division.

Clause 55 carried on division.

Clause 56 carried on division.

Clause 57 carried on division.

Clause 58 carried on division.

Clause 59 carried on division.

Clause 60 carried on division.

Clause 61 carried on division.

On Clause 62,

Chuck Cadman moved, -- That Bill C-7, in Clause 62, be amended by replacing lines 7 to 19 on page 68 with the following:

"62. An adult person sentence shall be imposed on a young person who is found guilty of a violent offence committed after the young person attained the age of fourteen years, unless an order is made under subsection 63(2) or paragraph 72(1)(a) that the young person is not liable to an adult sentence and that a youth sentence must be imposed."

The question being put on the amendment, it was negatived.

Clause 62 carried on division.

On Clause 63,

Chuck Cadman moved, -- That Bill C-7, in Clause 63, be amended by replacing line 21 on page 68 with the following:

"or found guilty of, a violent offence committed after attaining the age of fourteen years may"

The question being put on the amendment, it was negatived.

Clause 63 carried on division.

Clause 64 carried on division.

Clause 65 carried on division.

On Clause 66,

Chuck Cadman moved, -- That Bill C-7, in Clause 66, be amended by replacing line 14 on page 70 with the following:

"order under subsection 63(2)"

The question being put on the amendment, it was negatived.

Clause 66 carried on division.

On Clause 67,

Chuck Cadman moved, -- That Bill C-7, in Clause 67, be amended by replacing lines 24 to 31 on page 71 with the following:

"committed a violent offence after attaining the age of fourteen years;"

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 67, be amended by replacing lines 28 to 35 on page 70 with the following:

"committed, after attaining the age of fourteen years, a violent offence;"

The question being put on the amendment, it was negatived.

Clause 67 carried on division.

Clause 68 carried on division.

Clause 69 carried on division.

Clause 70 carried on division.

On Clause 71,

Chuck Cadman moved, -- That Bill C-7, in Clause 71, be amended by replacing lines 28 and 29 on page 76 with the following:

"sentence), unless the court has received notice"

The question being put on the amendment, it was negatived.

Clause 71 carried on division.

On Clause 72,

John Maloney moved, -- That Bill C-7, in Clause 72, be3 amended by

(a) replacing lines 44 and 45 on page 76 with the following:

purpose and principles set out in subparagraph 3(1) (b) (ii) and section 38 would have sufficient length to hold the young person

(b) replacing lines 6 and 7 on page 77 with the following:

purpose and principles set out in subparagraph 3(1) (b) (ii) and section 38 would not have sufficient length to hold the young

After debate, the question being put on the amendment, it was adopted on division.

Clause 72, as amended, carried on division.

On Clause 73,

Chuck Cadman moved, -- That Bill C-7, in Clause 73, be amended by replacing line 23 on page 77 with the following:

"an order under"

The question being put on the amendment, it was negatived.

Clause 73 carried on division.

Clause 74 carried on division.

On Clause 75,

Chuck Cadman moved, -- That Bill C-7, in Clause 75, be amended by replacing lines 6 to 13 on page 78 with the following:

"who has been found guilty, after attaining the age of fourteen years, of having committed a violent offence, the court shall at the sentencing"

The question being put on the amendment, it was negatived.

Clause 75 carried on division.

On Clause 76,

Chuck Cadman moved, -- That Bill C-7, in Clause 76, be amended by replacing line 9 on page 79 with the following:

"sixteen years at the time that he or she is"

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 76, be amended by replacing line 12 on page 79 with the following:

"(b) if the young person is sixteen years old"

The question being put on the amendment, it was negatived.

Clause 76 carried on division.

Clause 77 carried on division.

Clause 78 carried on division.

Clause 79 carried on division.

Clause 80 carried on division.

Clause 81 carried on division.

On Clause 82,

Chuck Cadman moved, -- That Bill C-7, in Clause 82, be amended

(a) by replacing lines 28 and 29 on page 82 with the following:

"youth sentence)

(b) by replacing lines 37 to 42 on page 83 and lines 1 and 2 on page 84 with the following:

";"of previous convictions, except for the purpose of determining the adult sentence to be imposed."

The question being put on the amendment, it was negatived.

Clause 82 carried on division.

Clause 83 carried on division.

Clause 84 carried on division.

On Clause 85,

Chuck Cadman moved, -- That Bill C-7, in Clause 85, be amended by replacing line 27 on page 85 with the following:

"paragraph 42(2)(n), (q) or (r) or section 53.1 or an order"

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 85, be amended by replacing line 27 on page 85 with the following:

"paragraph 42(2)(n), (p) or (q) or a provision referred to in subsection 737(9) of the Criminal Code or an order"

The question being put on the amendment, it was negatived.

Clause 85 carried on division.

Clause 86 carried on division.

Clause 87 carried on division.

Clause 88 carried on division.

Clause 89 carried on division.

Clause 90 carried on division.

Clause 91 carried on division.

On Clause 92,

Chuck Cadman moved, -- That Bill C-7, in Clause 92, be amended by replacing line 41 on page 90 with the following:

"sixteen years, after giving the young person,"

The question being put on the amendment, it was negatived.

Clause 92 carried on division.

Clause 93 carried on division.

Clause 94 carried on division.

Clause 95 carried on division.

Clause 96 carried on division.

Clause 97 carried on division.

On Clause 98,

Chuck Cadman moved, -- That Bill C-7, in Clause 98, be amended

(a) by replacing line 43 on page 100 with the following:

"violent offence before the expiry of"

(b) by replacing line 36 on page 101 with the following:

"person is then serving, a violent"

(c) by replacing line 42 on page 101 with the following:

"serving, a violent offence;"

The question being put on the amendment, it was negatived.

Clause 98 carried on division.

Clause 99 carried on division.

Clause 100 carried on division.

Clause 101 carried on division.

Clause 102 carried on division.

Clause 103 carried on division.

Clause 104 carried on division.

Clause 105 carried on division.

Clause 106 carried on division.

Clause 107 carried on division.

Clause 108 carried on division.

Clause 109 carried on division.

On Clause 110,

Chuck Cadman moved, -- That Bill C-7, in Clause 110, be amended

(a) by replacing lines 22 and 23 on page 113 with the following:

"sentence imposed despite violent offence), in a case where the information"

(b) by replacing lines 25 to 31 on page 113 with the following:

"a youth sentence for a violent offence committed after the young person attained the age of fourteen years; and"

The question being put on the amendment, it was negatived.

Chuck Cadman moved, -- That Bill C-7, in Clause 110, be amended by replacing line 39 on page 113 with the following:

"sixteen years, publish or cause to be pub-"

The question being put on the amendment, it was negatived.

Clause 110 carried on division.

On Clause 111,

Chuck Cadman moved, -- That Bill C-7, in Clause 111, be amended by replacing line 45 on page 114 with the following:

"attains the age of sixteen years or before"

The question being put on the amendment, it was negatived.

Clause 111 carried on division.

Clause 112 carried on division.

Clause 113 carried on division.

Clause 114 carried on division.

Clause 115 carried on division.

Clause 116 carried on division.

Clause 117 carried on division.

Clause 118 carried on division.

Clause 119 carried on division.

On Clause 120,

Chuck Cadman moved, -- That Bill C-7, in Clause 120, be amended

(a) by replacing line 22 on page 124 with the following:

"other than a violent offence, the period"

(b) by replacing lines 26 to 32 on page 124 with the following:

"(b) if the offence is a violent offence, the"

The question being put on the amendment, it was negatived.

Clause 120 carried on division.

Clause 121 carried on division.

Clause 122 carried on division.

Clause 123 carried on division.

Clause 124 carried on division.

Clause 125 carried on division.

Clause 126 carried on division.

Clause 127 carried on division.

Clause 128 carried on division.

Clause 129 carried on division.

Clause 130 carried on division.

Clause 131 carried on division.

Clause 132 carried on division.

Clause 133 carried on division.

Clause 134 carried on division.

Clause 135 carried on division.

Clause 136 carried on division.

Clause 137 carried on division.

Clause 138 carried on division.

Clause 139 carried on division.

Clause 140 carried on division.

Clause 141 carried on division.

Clause 142 carried on division.

Clause 143 carried on division.

Clause 144 carried on division.

Clause 145 carried on division.

On Clause 146,

Chuck Cadman moved, -- That Bill C-7, in Clause 146, be amended

(a) by replacing line 42 on page 145 with the following:

"to be sixteen years old or older

(b) by replacing line 1 on page 146 with the following:

";"that the young person was sixteen years"

The question being put on the amendment, it was negatived.

Clause 146 carried on division.

Clause 147 carried on division.

Clause 148 carried on division.

Clause 149 carried on division.

Clause 150 carried on division.

Clause 151 carried on division.

Clause 152 carried on division.

Clause 153 carried on division.

Clause 154 carried on division.

Clause 155 carried on division.

Clause 156 carried on division.

Clause 157 carried on division.

Clause 158 carried on division.

Clause 159 carried on division.

Clause 160 carried on division.

Clause 161 carried on division.

Clause 162 carried on division.

Clause 163 carried on division.

Clause 164 carried on division.

Clause 165 carried on division.

Clause 166 carried on division.

Clause 167 carried on division.

Clause 168 carried on division.

Clause 169 carried on division.

Clause 170 carried on division.

Clause 171 carried on division.

Clause 172 carried on division.

Clause 173 carried on division.

Clause 174 carried on division.

Chuck Cadman moved, -- That Bill C-7 be amended by adding before line 11 on page 158 the following new clause:

"174.1 Section 13 of the Criminal Code is replaced by the following:
13. No person shall be convicted of an offence in respect of an act or omission on his or her part while that person was under the age of ten years."

The question being put on the amendment, it was negatived.

Clause 175 carried on division.

Clause 176 carried on division.

Clause 177 carried on division.

Clause 178 carried on division.

Clause 179 carried on division.

Clause 180 carried on division.

On Clause 181,

Chuck Cadman moved, -- That Bill C-7, in Clause 181, be amended

(a) by replacing lines 5 and 6 on page 161 with the following:

"Justice Act, or the"

(b) by replacing lines 11 and 12 on page 161 with the following:

"order for the discharge or finding of guilt,"

(c) by replacing lines 14 and 15 on page 161 with the following:

"conviction, order for discharge or finding of guilt was"

(d) by replacing lines 23 and 24 on page 161 with the following:

"tenced,"

The question being put on the amendment, it was negatived.

Clause 181 carried on division.

Clause 182 carried on division.

Clause 183 carried on division.

On Clause 184,

John Maloney moved, -- That Bill C-7, in Clause 184, be amended by

(a) replacing line 20 on page 162 with the following:

has been sentenced to a term of imprisonment for an offence while

(b) replacing line 38 on page 162 with the following:

or adult is under sentence of imprisonment imposed under an

After debate, the question being put on the amendment, it was adopted on division.

Clause 184, as amended, carried on division.

Clause 185 carried on division.

Clause 186 carried on division.

Clause 187 carried on division.

Clause 188 carried on division.

Clause 189 carried on division.

On Clause 190,

Chuck Cadman moved, -- That Bill C-7, in Clause 190, be amended by replacing line 30 on page 165 with the following:

"(c) the person was less than sixteen years"

The question being put on the amendment, it was negatived.

Clause 190 carried on division.

Clause 191 carried on division.

Clause 192 carried on division.

Clause 193 carried on division.

Clause 194 carried on division.

Clause 195 carried on division.

Clause 196 carried on division.

Clause 197 carried on division.

Clause 198 carried on division.

Clause 199 carried on division.

Clause 200 carried on division.

Schedule I carried on division.

The Bill, as amended, carried on the following recorded division:

YEAS:	NAYS:
Irwin Cotler	Michel Bellehumeur
Paul DeVillers	Chuck Cadman
John Maloney	Kevin Sorenson
John McKay	Larry Spencer
Shawn Murphy	Vic Toews
Lynn Myers	(5)
Stephen Owen
Judy Sgro
(8)

ORDERED, -- That the Chair report Bill C-7, An Act in respect of criminal justice for young persons and to amend and repeal other Acts, with amendments to the House as the Second Report of the Committee.

At 5:07 p.m., the Committee adjourned to the call of the Chair.

Catherine Barrette / Roger Préfontaine

 

Clerk(s) of the Committee